School denies asbestosis claim (From Basingstoke Gazette)

School denies asbestosis claim

9:30am Wednesday 23rd December 2009

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THE Governors of Farleigh School have denied that they were in any way responsible for the death of a former teacher.

In a defence lodged with the Royal Court of Justice the school says that a claim by the widow of David Kitchin, Rosemary Kitchin, for £200,000 refers to a time when the school was at Farleigh Wallop near Basingstoke, not the current premises at Red Rice.

The governors deny that Mr Kitchin was employed between 1966 and 1969 but it is accepted that he was employed from 1968 to 1969 to some date within the tax year 1970 to 1971 and again from 1974 to 1976.

“It is denied that during the course of that employment Mr Kitchin would have been exposed to harmful levels of asbestos dust whether as alleged or at all,” the defence reads.

While they accept that the overhead central heating and hot water pipes within the building would have been lagged, the governors do not admit that the lagging would have contained ‘blue’ asbestos or any asbestos.

“It is denied that the stone passageway was ever closed or made out of bounds due to the presence of asbestos lagged pipework,” the defence continues. “It is a denied that pupils at the school disturbed the asbestos lagging by swinging on the pipes. At all material times the pipes were of a height which could not be reached by pupils.”

They say that Mr Kitchin would not have had reason to visit the boiler house or that the boiler house contained asbestos lagged pipework.

“In the circumstances any exposure to harmful levels of asbestos during the course of the deceased’s employment is denied.”

Instead, the governors argue that Mr Kitchin ‘caused or contributed’ to the development of mesothelioma while working as a self-employed painter and decorator, working at an estate where he had to scrub down asbestos gutters and pipes.

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